Witnesses Must Be Able to Respond to Cross Examination

Question 1

Moore v. Campbell (2014)

Answer 1

Civil case arising from alleged assault. The plaintiff was called as a witness and testified fully on
direct examination. On cross examination, however, the plaintiff failed to respond to some
questions, purportedly because of a condition arising from the assault. Held: The judgment for the
plaintiff must be reversed. The reason why the witness failed to respond to the questions on cross
examination is immaterial. If a witness becomes unable or unwilling to respond to otherwise proper
questions on cross examination, the trial court must strike the witness’s testimony in its entirety.